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Drug Crimes: Methamphetamine Possession


Drug Crimes: Methamphetamine Possession

Meth Possession - Drug Crimes - Attorneys

Methamphetamine:

Methamphetamine, also known as meth, ice, speed, crystal, glass, methylamphetamine, and desoxyephedrine, is a psychostimulant. Methamphetamine increases alertness, concentration, energy, and in high doses, can induce euphoria, enhance self-esteem and increase libido. Methamphetamine has a high potential for abuse and addiction.

Methamphetamine is a Schedule II controlled substance and the production, distribution, sale, and possession of methamphetamine is restricted or illegal.

Methamphetamine Possession (in the Presence of a Juvenile)

Utah Code §58-37-8(2)(b)(ii), §58-37-4(2)(b)(iii)(B) and §58-37-8(4)(a)(x)

Degree

2nd degree felony.

Elements

A defendant commits a 2nd degree felony possession of methamphetamine in the presence of a person younger than 18 years of age1 when they knowingly and intentionally possess or use a methamphetamine analog or methamphetamine and defendant is found to have been in the presence of a person younger than 18 years of age, unless it was obtained under a valid prescription or order, directly from a practitioner while acting in the course of the person's professional practice.
1Utah Code Ann. §58-37-8(4)(a)(x)

Fine

2nd degree felony: A fine not to exceed $10,000, plus a 90% surcharge.
(Utah Code Ann. §76-3-301(1)(a), Utah Code Ann. §51-9-401)

Restitution

The court may order the accused to pay restitution if convicted of this crime.
(Utah Code Ann. §77-38a-301)

Imprisonment

2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years.
(Utah Code Ann. §76-3-203(2))

Firearms

A defendant convicted of a 2nd degree felony methamphetamine possession may not posses, use or have control of a firearm or ammunition for life.
(Utah Code Ann. §76-10-503, 18 U.S.C. §921-930)

DNA Specimen Analysis

A defendant convicted of a 2nd degree felony methamphetamine possession must provide a DNA specimen.
(Utah Code Ann. §53-10-403(2))

Driver License

Utah's Driver License Division will immediately suspend for 6 months the license of a person upon receiving a record of a conviction for possession of methamphetamine.
(Utah Code Ann. §53-3-220(c))

Seizure, Forfeiture, Property Rights

Possession of methamphetamine subjects the defendant seizure and forfeiture in accordance with the procedures and substantive protections of Utah Uniform Forfeiture Procedures Act. This means that defendant's car, land, house, belongings, and money can be seized by the State of Utah.
(Utah Code Ann. §58-37-13)


Other Criminal Charges

Learn more about crimes related to Methamphetamine Possession. If you have any questions, please feel free to call our office at (801) 505-1586.